ML20216C852

Informs That WOG Ltr Re Both Proprietary & non-proprietary Versions of Matl Will Be Withheld Per 10CFR2.790

ML20216C852
Person / Time
Issue date:	03/10/1998
From:	Craig C NRC (Affiliation Not Assigned)
To:	Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9803160215
Download: ML20216C852 (3)

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UNITED STATES g

j NUCLEAR REGULATORY COMMISSION ME WASHINGTON, D.C. 20066 0001 o

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March 10, l'J98 Mr. Henry A. Sepp, Manager Regcletery and Licensing Engineering Westinghouse Electric Corporation Mril Stop ECE 4-07A Pt/st Office Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE OWNERS GROUP LETTER OF DECEMBER 29,1997 By letter (OG-97-128) dated December 29,1997, the Westinghouse Owners Group (WOG) submitted both proprietary and non-proprietary versions of material presented to the staff at a December 3,1997, meeting. In letter CAW-97-1192, dated December 11,1997, you requested the proprietary material be withheld from public disclosure in accordance with 10 CFR 2.790.

This is the response to that request.

In the affidavit dated December 11,1997, you stated that Westinghouse considered certain information proprietary and requested that it be withheld frnm public disclosure pursuant to 10 CFR 2.790. The affidavit states that this information should be considered exempt from mandatory public disclosure for the following reasons:

(a)

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b)

Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

s (c)

It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

We have carefully reviewed your December 11,1997, request and the information contained in your request. We have concluded that the submitted information sought to be withheld contains trade secrets or proprietary commercialinformation. Therefore, the version of the submitted D' D 3. E information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

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March 10, 1998 H. Sepp

-2 Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed to inspect the document. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notifed in advance of any public disclosure.

Sincerely, 0.1AdMA Claudia M. Craig, Senior Project Manager Generic issues anri Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc:

Mr. Andrew Drake, Project Manager 1

Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 i

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l'O H. Sepp

-2 March 10, 1998 Withholding from public inspection shall not affect the right, if any, of persons proper 1y and directly concerned to inspect the document. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of information Act request included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notifed in advance of any public disclosure.

Sincerely, Original Signed By:

Claudia M. Craig, Senior Project Manager Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation ec:

Mr. Andrew Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 Distribution:

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